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Judge Registers a Scolding Dissent After SCOTUS Hesitated on Making a Major Second Amendment Ruling

After the Supreme Court hesitated on making a major Second Amendment ruling on the New York State Rifle & Pistol Association Inc. v. City of New York, Justice Samuel Alito registered a dissent that questioned the mootness of the case as well as the constitutionality of the New York ban.

New York City had banned transporting firearms from one’s home except directly between the city's seven shooting ranges. However, the city amended the law to allow transport, including making any necessary stops after gun rights groups filed a lawsuit. The city requested the SCOTUS to declare the case as moot, but the court decided to hear the case anyway. In a per curiam decision, the Supreme court ruled the case as moot on April 27, 2020.

After the ruling, Justice Alito said the case was not moot, and plaintiffs did not get the prospective relief they sought. Justice Alito said the cause should have been heard in the context of Heller and McDonald. He added that the new law was still unclear on what constituted “necessary stops.”

"What about a stop to buy groceries just before coming home? Or a stop to pick up a friend who also wants to practice at a range outside the city? Or a quick visit to a sick relative or friend who lives near a range? The city does not know the answer to such questions," Justice Alito said.

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The dissenting judge also said that the ban burdened law-abiding citizens and no historical provision allowed for such restrictions. He also pointed out that the safety concerns behind the ban were not investigated, and the ruling did not consider them when making the decision.

Justice Alito also noted that had the court ruled on the constitutionality of the ban, the plaintiffs would have been entitled to damages for the violation of their Second Amendment rights.

Despite sitting on the fence, Justice Brett Kavanaugh also agreed that many state and federal courts ignored Heller and McDonald rulings while deciding on Second Amendment cases.

Evidently, the Supreme Court also decided to sweep all the issues under the carpet to avoid making a major ruling on a second amendment case that was under heavy scrutiny from both the gun rights and gun control groups.


Meanwhile, Lt. Gov. Dan Patrick is pushing universal background checks in our state, and if left unchecked, it will not be long until we see bills like this getting traction in Austin. Texas is embarrassingly ranked 29th for gun rights, and with the help of the political elites in Austin, we will surely rank among New York, California, and Illinois if left to their own devices. Please join our fight today, and help us restore Texas' place as the standard for the U.S.

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